Theoretical Studies Of Procedural And Legal Rights And Obligations Of The Parties In Constitutional Proceedings

Abstract

This article is a theoretical study of procedural rights and obligations of constitutional justice. Investigated catalog of hits constitutional petition forms and constitutional appeal. Particular attention is paid to state representatives - as one of the outstanding problems at present. Representatives constitutional proceedings are outside the regulation of the Law of Ukraine «On the Constitutional Court of Ukraine.»

Characterized institute constitutional complaint as one of the elements of judicial reform in Ukraine.

Among the controversial issues of formation of relations in the sphere of the administration of the constitutional proceedings the question arises about the existence of the Institute of constitutional complaint, the content of which is the existence of the right of a citizen to apply to the body of constitutional jurisdiction for the protection of violated rights and freedoms enshrined in the basic Law. This institution exists in some European countries (Austria, Hungary, Belgium, Germany). In Particular, N. D. Savenko said that the functions (subject of the) complaint to the constitutional Court of Spain is the: 1) restoration and protection of a fundamental right which has been violated by a normative act adopted by the Cortes; 2) ensuring equal protection for each decision adopted by the government, Executive bodies and agencies; 3) legal protection due to the violation of the judicial body of constitutional law; 4) protection of the rights concerning the refusal of military service (articles 42, 44 of the Law «On the constitutional court of Spain»). Complaint to the constitutional court is also regarded as protection of the citizen against violation of his rights by the state [8, p. 61­62]. Introduction of Institute of constitutional complaint, it is advisable if it will apply to violations of the rights and duties of man and citizens, provided and guaranteed by the Constitution of Ukraine. The violation of numerous legal rights and obligations that continually arise depending on the working lives, the nature of the relationships in which they are entering, other factors to the subject of the constitutional complaint can not enter. Against them, the current legislation establishes another procedure for appeal in the wide sense of the term (refers to complaints of extrajudicial claims in the exercise of civil litigation or commercial litigation, administrative action in the administrative courts and the like). Thus, the subject of constitutional complaints may be disputes related to the violation of the rights and freedoms of man and citizen.